S T A T E   O F   N E W   Y O R K
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                                  5832

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by  M.  of  A. OAKS, CORWIN, FINCH, HAWLEY, WALTER, NOJAY --
  Multi-Sponsored by -- M.  of A. BARCLAY, BLANKENBUSH,  CROUCH,  DiPIE-
  TRO,  DUPREY,  GIGLIO,  GOODELL,  KOLB,  LALOR,  McKEVITT,  MONTESANO,
  PALMESANO, STEC -- read once and referred to the  Committee  on  Local
  Governments

AN  ACT  to  amend the general municipal law, in relation to authorizing
  participation by public benefit corporations in intermunicipal  agree-
  ments

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 119-o of the general municipal  law,  as  added  by
chapter  102  of  the  laws  of 1960, the section heading as amended and
subdivision 3 as added by chapter 605 of the laws of 1993, subdivision 1
as amended by chapter 150 of the laws of 2013, subdivision 2  as  desig-
nated  and  the  opening paragraph and paragraphs b, c, g, h, i and l of
subdivision 2 as amended by chapter 681 of the laws of 1961, paragraph a
of subdivision 2 as amended by section 33 of part X of chapter 62 of the
laws of 2003, paragraph j of subdivision 2 as amended by chapter 620  of
the  laws  of  1996 and paragraph m of subdivision 2 as added by chapter
236 of the laws of 1974, is amended to read as follows:
  S 119-o. Performance of municipal cooperative activities;  alternative
powers;  alternative  assignment of responsibilities.  1. In addition to
any other general or special powers  vested  in  municipal  corporations
[and],  districts AND PUBLIC BENEFIT CORPORATIONS for the performance of
their respective functions, powers or duties on an  individual,  cooper-
ative,  joint or contract basis, municipal corporations [and], districts
AND PUBLIC BENEFIT CORPORATIONS shall have power to enter  into,  amend,
cancel  and terminate agreements for the performance among themselves or
one for the other of their respective functions, powers and duties on  a
cooperative or contract basis or for the provision of a joint service or
a joint water, sewage or drainage project. Notwithstanding the foregoing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05897-01-5
              

A. 5832                             2

grant  of authority, the temporary investment of moneys by more than one
municipal corporation  [or],  district  OR  PUBLIC  BENEFIT  CORPORATION
pursuant to a municipal cooperation agreement which meets the definition
of "cooperative investment agreement" as set forth in article three-A of
this chapter shall be in compliance with all of the requirements of that
article.  Any agreement entered into hereunder shall be approved by each
participating municipal corporation [or],  district  OR  PUBLIC  BENEFIT
CORPORATION  by  a majority vote of the voting strength of its governing
body. Where the authority of any municipal corporation [or], district OR
PUBLIC BENEFIT CORPORATION to perform by itself any function, power  and
duty or to provide by itself any facility, service, activity, project or
undertaking or the financing thereof is, by any other general or special
law,  subject to a public hearing, a mandatory or permissive referendum,
consents of governmental agencies, or other requirements  applicable  to
the  making  of contracts, then its right to participate in an agreement
hereunder shall be similarly conditioned. Municipal corporations  [and],
districts  AND  PUBLIC BENEFIT CORPORATIONS shall also have the power to
enter into, amend, cancel and terminate agreements with a soil and water
conservation district established under the soil and water  conservation
districts  law for the performance among themselves or one for the other
of their respective functions, powers and duties  on  a  cooperative  or
contract  basis  or  for  the  provision  of  a joint service or a joint
project; provided, however, that the exercise of any powers  and  duties
under  this  article  by a soil and water conservation district shall be
subject to the powers, duties and limitations in  section  nine  of  the
soil and water conservation districts law.
  2. An agreement may contain provisions relating to:
  a.  A  method  or  formula  for equitably providing for and allocating
revenues and for equitably allocating  and  financing  the  capital  and
operating  costs,  including payments to reserve funds authorized by law
and payments of principal and interest on obligations.  Such  method  or
formula  shall  be  established  by the participating corporations [or],
districts OR PUBLIC BENEFIT CORPORATIONS on a ratio of  full  valuations
of  real property, or on the basis of the amount of services rendered or
to be rendered, or benefits received or conferred or to be  received  or
conferred,  or on the increase in taxable assessed value attributable to
the function, facility,  service,  activity  or  project  which  is  the
subject  of an agreement, or on any other equitable basis, including the
levying of taxes or assessments to pay such costs on the entire area  of
the  corporation  [or], district OR PUBLIC BENEFIT CORPORATIONS, or on a
part thereof, which is benefited or which receives the service.
  b. The manner of employing, engaging,  compensating,  transferring  or
discharging  necessary personnel, subject, however, to the provisions of
the civil  service  law  where  applicable;  the  making  of  employer's
contributions  for retirement, social security, health insurance, [work-
men's] WORKERS' compensation and other similar benefits; the approval of
attendances at conventions, conferences and schools for public officials
and the approval and payment of travel and other  expenses  incurred  in
the  performance  of official duties; the bonding of designated officers
and employees; the filing of oaths of office and resignations consistent
with general laws  applicable  thereto;  provisions  that  for  specific
purposes  designated  officers  or  employees  of the joint service or a
joint water, sewage or drainage project shall be deemed those of a spec-
ified participating corporation [or], district OR PUBLIC BENEFIT  CORPO-
RATION;  and  provisions that personnel assigned to a joint service or a
joint water, sewage or drainage project shall possess the  same  powers,

A. 5832                             3

duties,  immunities  and privileges they would ordinarily possess (1) if
they performed their duties only in the corporation  [or],  district  OR
PUBLIC  BENEFIT  CORPORATION  by  which they are employed or (2) if they
were employed by the corporation [or], district OR PUBLIC BENEFIT CORPO-
RATION in which they are required to perform their duties.
  c.  Responsibility for the establishment, operation and maintenance of
the joint service or joint water, sewage or  drainage  project  and  the
officers  responsible for the immediate supervision and control thereof;
the fixing and collecting of charges, rates, rents or fees, where appro-
priate, and the making and promulgation of  necessary  rules  and  regu-
lations  and  their enforcement by or with the assistance of the partic-
ipating corporations [and], districts AND PUBLIC  BENEFIT  CORPORATIONS;
the  conduct of hearings and the determination of issues raised thereat;
the making of necessary inspections; the  keeping  of  records  and  the
making  of  reports  including  those  required by article three of [the
general municipal law] THIS CHAPTER; and limitations or restrictions  on
individual  participating corporations [and], districts AND PUBLIC BENE-
FIT CORPORATIONS from providing  or  undertaking  similar  or  competing
facilities, services, activities, projects, or undertakings.
  d. Purchasing and making of contracts subject to general laws applica-
ble to municipal corporations [and], school districts AND PUBLIC BENEFIT
CORPORATIONS.
  e.  Acquisition,  ownership, custody, operation, maintenance, lease or
sale of real or personal property.
  f. Acceptance of gifts, grants or bequests.
  g. Making of claims for federal or state aid payable to the individual
or several participants on account of  the  joint  service  or  a  joint
water, sewage or drainage project.
  h.  Custody  by  the  fiscal  officer of one participant of any or all
moneys made available for expenditure for the joint service or  a  joint
water, sewage or drainage project and authorization to such fiscal offi-
cer  to  make  payments on audit of the auditing official or body of the
participating corporation [or], district OR PUBLIC  BENEFIT  CORPORATION
of which he is the fiscal officer.
  i.  Manner of responding for any liabilities that might be incurred in
the operation of the joint service or a joint water, sewage or  drainage
project and insuring against any such liability.
  j.    Procedure for periodic review of the terms and conditions of the
agreement, including those relating to its duration, extension or termi-
nation.  The duration of an agreement hereinafter entered  into,  unless
otherwise  provided  by  law,  may  extend  up to a maximum term of five
years. With respect to agreements, the  performance  of  which  involves
the  issuance  by  the  participants  of  indebtedness,  either joint or
several, the term of the agreement may extend up to a maximum period  of
time  equal to the period of probable usefulness  established by section
11.00 of the local finance law in connection with the object or  purpose
for  which  the  indebtedness  was issued. Nothing [herein] contained IN
THIS SECTION shall prevent or prohibit either the renewal  of agreements
upon conclusion of the terms established, or amendments,  modifications,
clarifications, or cancellations of agreements prior  to  conclusion  of
the terms established.
  k.  Adjudication  of disputes or disagreements, the effects of failure
of participating corporations [or], districts OR PUBLIC  BENEFIT  CORPO-
RATIONS  to pay their shares of the costs and expenses and the rights of
the other participants in such cases.

A. 5832                             4

  l. Other matters as are reasonably necessary and proper to  effectuate
and  progress  the  joint  service  or a joint water, sewage or drainage
project.
  m.  A  municipality  may  contract with another municipality or with a
municipal  housing  authority   of   another   municipality,   for   the
construction,  maintenance,  operation or management of a public housing
project.
  3. Municipal corporations are authorized as provided herein to adopt a
mutual sharing plan in order to undertake or receive any  joint  service
on  behalf  of  or  by another municipal corporation which has adopted a
mutual sharing plan. Services provided pursuant to such  mutual  sharing
plan  shall  be  subject to the alternative assignment of responsibility
for certain expenses and liabilities relating to such joint  service  as
provided by this subdivision.
  a.  A  governing  body  may  adopt a mutual sharing plan by local law,
resolution or bylaw to confer the benefits  of  this  section  upon  the
employees  of  such  municipal corporation and to be held liable for the
costs incurred in the event of participation in  a  joint  service  with
another  municipal  corporation which has adopted a mutual sharing plan.
Such plan shall describe the officers or employees authorized to  under-
take  or  authorize  receipt  of  a joint service pursuant to the mutual
sharing plan, any limitations upon joint services which may be  rendered
or  received  pursuant  to it, and how and when notice of joint services
rendered or received pursuant to it shall be provided to  the  governing
body.
  b. Upon adoption of a mutual sharing plan, a municipal corporation may
undertake  or receive a joint service with another municipal corporation
which has adopted a  mutual  sharing  plan.  The  municipal  corporation
requesting the assistance of another municipal corporation pursuant to a
mutual  sharing  plan  shall  be liable and responsible to the assisting
municipal corporation for any loss of or damage to equipment employed in
provision of such joint service or use of  supplies  upon  provision  of
such joint service. Each municipal corporation shall be liable for sala-
ries  and other compensation due to their own employees for the time the
employees are undertaking the joint service pursuant to a mutual sharing
plan, however the municipal  corporation  receiving  the  service  shall
reimburse  the  assisting municipal corporation for actual and necessary
expenses upon written notice of such claim.
  c. The authority to adopt a mutual sharing plan and to undertake joint
services pursuant to it shall be in  addition  to  any  other  power  or
authority  conferred  on municipal corporations pursuant to this article
or any other general or special law. A joint service may not be rendered
pursuant to a mutual sharing  plan  where  another  agreement  has  been
entered  into  pursuant  to  this  section  for such service between the
assisting and receiving municipal corporations.
  S 2. This act shall take effect immediately.